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MATTER OF PENA v. ROBERTS

15 A.D.3d 707 (2005)

788 N.Y.S.2d 715

In the Matter of OSCAR PENA, Appellant v. ALAN ROBERTS, as Superintendent of Chateaugay Correctional Facility, et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, Third Department.

February 3, 2005.

Supreme Court properly dismissed the petition challenging the denial of petitioner's grievance request for a hearing pursuant to 7 NYCRR 1904.2 (g) and reinstatement into the temporary release program after his application for participation in the temporary release program was denied. The record establishes that petitioner had participated in the temporary release program in 1996 while serving a prison term which ultimately expired in 1999. The denial of petitioner's request...

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